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In the matter of
The Statutory Vacation of x
A Portion of Third Street x
In the Plat of Irving Park Addition x
370038
STATE OF WASHINGTON
COUNTY OF JEFFERSON
x
RESOLUTION NO. 27-94
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation
petition submitted by Larry Gard, JoAnn Gard, and Robert Hagen; and
WHEREAS, real property was dedicated to Jefferson County for road purposes in an
instrument dated May 5, 1888, and filed with the Jefferson County Auditor at Page 42, Volume
1 of Plats; and
WHEREAS, Jefferson County has not opened the following described right of way for
public use for road purposes within five (5) years of obtaining an interest in the real property for
road purposes:
That portion of platted Third Street in the plat of Irving Park Addition as recorded at Page
42 of Volume 1 of Plats, records of Jefferson County, Washington, lying outside the right
of way of South Jacob Miller Road and described as follows: the portion of Third Street
being 30 feet in width and lying South of the northerly boundary of Lot lOin Block 18
and North of the centerline of vacated Spruce Street in said plat; also the portion of Third
Street being 30 feet in width adjoining Tax 40 of Section 16, T30N, Rl W, WM.
WHEREAS, RCW 36.87.090 provides that any road unopened for public use for five (5)
years after the authority is granted for opening it shall be thereby vacated and the authority for
building it barred by lapse of time; and
WHEREAS, the above-described road was vacated by operation of law and the County
divested of its interest before the 1909 amendment, Laws of 1909, Chapter 90, Section 1, which
exempted from vacation by operation of law certain lands dedicated for road purposes, became
effective; and
WHEREAS, the Jefferson County Board of CoInmissioners desires to remove this cloud
on title to the real property;
NOW, THEREFORE BE IT RESOLVED that the dedicated platted road more particularly
described above has been vacated by operation of law and Jefferson County asserts no claim of
interest for public road purposes in it. Utility rights, private easements, or other rights or
interests may still exist.
ADOPTED THIS d J ~ DAY OF
SEAL:
ATTEST:
1JJ~
, 1994.
JEFFERSON COUNTY
OF COMMISSIONERS
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VaG , PAGE
" OF OFEIC:~I. REC'OR '
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1996 ~ 25- Alr~-:f 5
,.. , MARY E. B.~ «tV tRY
"'¡:::F'ER"I':, 'f'f'\ ."'.~~-I..!
;).;. Sí.fN \'<>rUMTY AUDITOR
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MAR 2 5 1994
vat 501 P~r208
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ENGINEER'S REPORT OF EXAMINATION
STATE OF WASHINGTON
COUNTY OF JEFFERSON
To the Board of Jefferson County Commissioners
The County Engineer of Jefferson County, has examined the county right of way known
as Third Street and petitioned by Larry Gard, JoAnn Gard, and Bob Hagen to be
vacated and abandoned, and herewith submits the following report thereon:
This street was platted on May 5, 1888, in the plat of Irving Park Addition.
There was no road constructed on this right of way within 5 years of the date of
platting, nor has it been opened for public use since it was platted; it is therefore
vacated by statute. It is recommended the Board of County Commissioners
)~æ=:cation.
Gary A. Rowe, Jefferson County Engineer
YO 1-
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